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Judge Rules Federal Ban on Guns With Removed Serial Numbers Is Unconstitutional

By Mimi Nguyen Ly | October 14, 2022


A judge has ruled that a federal law banning guns that have had their serial numbers removed is unconstitutional.

The law at issue prohibits any person from transporting a gun with the serial number “altered, obliterated, or removed,” across state lines. It also prohibits them from possessing such a gun if it has ever been transported across state lines.

Serial numbers were first required by the federal Gun Control Act of 1968 to allow guns to be traced. They were adopted in an effort to prevent illegal gun sales.

The decision filed on Oct. 12 (pdf), written by U.S. District Judge Joseph Goodwin in Charleston, West Virginia, blocks the law from taking effect.

The decision comes in a criminal case involving an Ohio man, Randy Price, whose gun that had its serial number removed was found in his car at a traffic stop in Charleston. He was charged with illegally possessing a gun without a serial number, and also with illegally possessing a gun as a felon. Price had previously been convicted of involuntary manslaughter and aggravated robbery. Goodwin dismissed the former charge, but left in place the latter.

Price argued that the law banning possession of a gun without a serial number is unconstitutional and cited a landmark ruling (pdf) by the U.S. Supreme Court in June this year, New York State Rifle & Pistol Association v. Bruen. The ruling stated that the government cannot restrict Americans’ constitutional right to carry firearms in public for self defense, unless the restriction is “consistent with this Nation’s historical tradition of firearm regulation.”

“Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command,’” Thomas wrote.

Goodwin, a nominee of President Bill Clinton, found in his decision that the federal ban on guns with removed serial numbers is not consistent with the United States’ “historical tradition of firearm regulation.”

He noted that a firearm without a serial number was not considered more dangerous compared to other firearms in 1791, when the Second Amendment was adopted. At the time, “serial numbers were not required, or even in common use,” he said, adding that the serial numbers “arose only with the advent of the mass production of firearms,” putting it outside of the “historical tradition of firearm regulation.”

“Any modern regulation that does not comport with the historical understanding of the right is to be deemed unconstitutional, regardless of how desirable or important that regulation may be in our modern society,” Goodwin said in his decision.

“While I recognize there is an argument … that firearms with an obliterated serial number are likely to be used in violent crime and therefore a prohibition on their possession is desirable, that argument is the exact type of means-end reasoning the Supreme Court has forbidden me from considering,” he also wrote.

The government argued that the federal ban is constitutional because it is a “commercial regulation” that does not infringe on Americans’ Second Amendment right to keep and bear arms. But Goodwin determined that the law is not a commercial regulation because it criminalizes the possession of firearms without a serial number, regardless of whether they are sold.

Price’s lawyer, Lex Coleman, called the decision “thoughtful, measured, and accurate.” A spokesperson for the office of U.S. Attorney William Thompson in Charleston, which was prosecuting the case, said the office is “reviewing the ruling and assessing options.”

Reuters contributed to this report.

Next they can throw out the entire GCA68, along with the NFA act.

Interesting in light of current “ghost” guns.
Not, and not ever, illegal to possess.

Praise God in the highest for another win for the People and 2nd Amendment !!! God Bless !!!

WooHoo! One brick at a time, folks, one brick at a time.

Nice.
We do get good news from time to time, don't we?

HAHAHAHA! Demel go brrrrr!

It’s a good thing.

quote:

Goodwin, a nominee of President Bill Clinton,

This guy probably would never have been nominated by Bam-Bam or Pota-Joe.

Bruen will continue to have wide-reaching impact. I can't wait for them get hear some more NFA cases - the Texas Freedom Suppressor case sure is getting interesting. We may just get to see them tell the ATF they don't get to say jack shit about suppressors here pretty soon.

Without Trump, and his Supreme Court picks, this, and all the other 2A wins simply wouldn't happen. No chance with whoever Hitlery would have picked.

As long as the person is still on the hook for being a felon in possession of a gun, I'm good with this ruling. Otherwise, the backlash of a felon getting off Scott-free can be used against gun rights.

I'm waiting for SBRs and suppressors to be taken off the NFA items. Oh, and full auto, yeah, yeah.

quote:

Originally posted by Rey HRH:
Oh, and full auto, yeah, yeah.

You know, I enjoyed full auto a lot more when I was being paid to shoot it, the rifle and/or machine gun was free as was the ammo.

Kinda sad to see $25.00 go out the ejection port in two seconds

quote:

Originally posted by Rey HRH:
As long as the person is still on the hook for being a felon in possession of a gun, I'm good with this ruling.

He is. Aggravated Robbery was his disqualifier. He's going big with or without the obliterated serial number count.

I agree with the decision, but I am cynical about it being upheld by higher courts.

flashguy

quote:

Originally posted by Flash-LB:

quote:

Originally posted by Rey HRH:
Oh, and full auto, yeah, yeah.

You know, I enjoyed full auto a lot more when I was being paid to shoot it, the rifle and/or machine gun was free as was the ammo.

Kinda sad to see $25.00 go out the ejection port in two seconds

I enjoyed $1700/round going downrange when Uncle Sugar was footing the bill…

Automatic 76mm cannon.

Loved the M2HB also

Full autos being legal is a lot like open carry being legal to me.

I don’t plan on open carrying and I’d likely never buy a full auto, but I want open carry to be legal in case my shirt gets caught over my holster and I’d like full auto to be legal in case my SKS runs away from me.

And mainly they should be legal because I know what “shall not be infringed” means.

quote:

Originally posted by Pale Horse:

Ibut I want open carry to be legal in case my shirt gets caught over my holster a

Yeah. Once, long ago, like 20 or 25 years, my jacket rode up. I had a routine back then. I'd come home and start yelling the instant I hit the front door. My dog, ole Spot (a Dalmatian) would wake up and go wild. He liked payday. I'd quickly scramble for my walking shoes, leash, and carry piece. Then we'd hit the door for the mile walk to the bank. The tellers knew the pup. We'd go inside and get in line. The guard came over one day and politely told me my jacket had rode up over my carry piece. I replied "oh, sorry". It didn't become a problem.

Thinking back, he didn't know me from Al Capone. But one of the advantages of a quality carry gun, a M60, and a quality holster, is you are afforded the benefit of any doubt. Our members here can learn from this.

There is a down side to this.
If that becomes the law of the land you can forget EVER getting any stolen guns returned to the rightful owner.

quote:

Originally posted by gjgalligan:
There is a down side to this.
If that becomes the law of the land you can forget EVER getting any stolen guns returned to the rightful owner.

You think all the gun manufacturers will start making guns w/o serial numbers? Not likely.

The first thing (most) a gun thief will do is remove the serial number .